In Islama man can take “talaq”, while a woman can break up with her husband through “khula”.
The highest court is hearing a call seeking to declare ‘Talaq-e-Hasan’ and all forms of “unilateral extrajudicial talaq are void and unconstitutional”, claiming they are “arbitrary, unjustified and in violation of fundamental rights”.
Why is this form of divorce so controversial and how is it different from today’s illegal three-card divorce? Here is a look…
What is Talaq-e-Hasan?
In Talaq-e-Hasan, talaq is pronounced once a month, for a period of three months, and if cohabitation does not continue during this period, the divorce is formalized after the third utterance on third month.
However, if cohabitation continues after the first or second talaq is spoken, the parties are said to have reconciled. The first and second utterances of talaq are then considered invalid.
This form of divorce has been criticized over the years. Many petitioners have gone to court to ask for it to be abolished, saying “it violates women’s rights”.
What is the difference between Talaq-e-Hasan and Triple Talaq?
In Islam, there are basically three forms of divorce: Talaq-e-Ahsan, Talaq-e-Hasan and Talaq-e-biddat. We discussed Talaq-e-Hasan.
Talaq-e-Ahsan is arguably the least objectionable way of dissolving a marriage. ‘Ahsan’ means best or most correct. According to Talaq-e-Ahsan, the husband must declare the divorce with a single sentence when the wife is in a state of ‘chaste’, that is, without menstruation.
After a divorce is a period of abstinence, known as the “iddat”. The duration is ninety days or three menstrual cycles or three lunar months.
If the couple continues to live together or be intimate during the iddat period, the divorce declaration is considered to have been annulled. Therefore, ‘talaq-e-ahsan’ is recoverable. On the contrary, if it is not possible to continue living together or being close during this time, the divorce will become final and irrevocable.
Talaq-e-biddat is the most controversial form of divorce and was banned by the government in 2019. This can take the form of three talaq (instant divorce), where the husband can pronounce “talaq” three times in one go. sit to divorce his wife. Therefore, the divorce is immediate and becomes irrevocable as soon as it is declared.
Talaq-e-biddat does not follow the waiting period and irrevocably terminates the marriage.
This form of divorce, although considered valid under Sharia law, is generally not approved in Islam.
Prima facie this (Talaq-e-Hasan) is not so wrong. Women also have an option Khula
What does the petitioner want?
The lawsuit filed with the summit court says that Talaq-e-Hasan and other unilateral forms of extrajudicial talaq are not in harmony with modern principles of human rights and gender equality, nor are they part of it. integral part of the Islamic faith.
Plaintiff Benazeer Heena, who claimed to be a victim of Talaq-e-Hasan, filed that although the top court declared the three talaqs unconstitutional, the matter of Talaq-e-Hasan remained unresolved. decide.
The petitioner filed that her husband allegedly divorced her by sending notice to Talaq-e-Hasan through an attorney on April 19 after her family refused to pay the dowry, right even when her husband harassed her for the same thing.
She also sought a guide for the Center to make guidelines on neutral and uniform grounds of procedure and divorce available to all citizens.
What did the Supreme Court say?
The drafters note that Talaq-e-Hasan’s divorce form is not so wrong because women also have the right to choose Khula, unlike in triple talaq, where the divorce takes place immediately.
The Chairman said that the courts can grant divorce with the consent of both parties in the case of irreparably broken marriage.
“This is not a boast. You (women) also have the right to choose Khula. If two people can’t live together, we will also divorce because of the irretrievably broken marriage. willing to divorce by mutual consent if the mehar (a gift given in cash or kindness of the groom to the bride) is taken care of,” the bench asked the petitioner.
“Prima facie I disagree with the petitioners. Let us see. I don’t want this to become an agenda for any other reason,” Justice Kaul said.
The highest court has asked the petitioner’s attorney to seek guidance on whether, under the allegation of irrevocable marital breakdown, the petitioner is willing to settle by divorce proceedings with money is paid more and higher than ‘mehar’ or not.
It also tells the petitioner that it is also possible to dissolve the marriage without this court intervention through ‘mubarat’ and asks her lawyer to seek guidance.
The Supreme Court will hear the case on August 29.
Notably, a similar plea is also pending before the Delhi high court, in June this year, sought a response from the Delhi Police and a Muslim man after his wife filed an objection to a Talaq-e-Hasan notice allegedly sent by him.
(With input from agencies)